HomeMy WebLinkAboutORD NO 4218ORDINANCE NO.
41218
AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO.
101-11 BY CHANGING ZONING FROM A (EXCLUSIVE
AGRICULTURE) TO R-I (ONE-FAMILY DWELLING) ON
APPROXIMATELY 80 ACRES, FROM C-2 (REGIONAL
COMMERCIAL) TO R-1 (ONE-FAMILY DWELLING) ON
APPROXIMATELY 25 ACRES, GENERALLY LOCATED ALONG
THE WEST SIDE OF ALLEN ROAD BETWEEN SNOW ROAD
AND KNIGHT'S BRIDGE PLACE. (FILE NO. ZC 04-0871)
WHEREAS, in accordance with the procedure set forth in the provisions of Title Seventeen
of the Municipal Code of the City of Bakersfield, the Planning Commission held a public hearing on
a petition to change the land use zoning of these certain properties in the City of Bakersfield
generally located along the west side of Allen Road between Snow Road and Knight's Bridge Place;
and
WHEREAS, by Resolution 114-04 on September 16, 2004, the Planning Commission
recommended approval and adoption of the Ordinance Amending Title Seventeen of the Municipal
Code to approve R-1 zoning as delineated on attached Zoning Map No. 101-11 marked Exhibit A
by this Council and this Council has fully considered the recommendation made by the Planning
Commission as set forth in that Resolution; and
WHEREAS, for the above-described project, an initial study was conducted and it was
determined that the proposed project would not have a significant effect on the environment and a
Mitigated Negative Declaration was prepared and posted on August 11, 2004, in accordance with
CEQA and the Council has considered said findings and all appear to be true and correct; and
WHEREAS, the law and regulations relating to the preparation and adoption of Mitigated
Negative Declarations as set forth in CEQA and City of Bakersfield's CEQA Implementation
Procedures, have been duly followed by city staff, the Planning Commission and the City Council;
and
WHEREAS, the general plan designation for this area permits residential development; and
WHEREAS, the City Council has considered and hereby makes the following finds:
All required public notices have been given.
The provisions of the California Environmental Quality Act have been followed.
Based on the initial study and comments received, staff has determined that the
proposed project could not have a significant effect on the environment. A Mitigated
Negative Declaration was prepared for the project in accordance with CEQA.
The proposed project is consistent with the surrounding land uses.
The proposed project is consistent with the Metropolitan Bakersfield General Plan.~.
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6. The proposed project is within the southem and western growth pattem of the City of
Bakersfield.
7. The public necessity, general welfare and good planning practices justify the
requested zone change.
8. Based on the absence of evidence in the record as required by Section 21082.2 of
the State of California Public Resources Code (CEQA) for the purpose of
documenting significant effects, it is the conclusion of the Lead Agency that this
project will result in impacts that fall below the threshold of significance with regard
to wildlife resources and, therefore, must be granted a "de minimis" exemption in
accordance with Section 711 of the Sate of California Fish and Game Code.
Additionally, the assumption of adverse effect is rebutted by the above-reference
absence of evidence in the record and the Lead Agency's decision to prepare a
Mitigated Negative Declaration for this project.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
BAKERSFIELD as follows:
1. That the above recitals, incorporated herein, are true and correct.
The Negative Declaration is hereby approved and adopted.
That Section 17.06.020 (Zoning Map) of the Municipal Code of the City of
Bakersfield be amended by changing the land use zoning on Map No. 101-11,
attached hereto as Exhibit A of that certain property more thoroughly described in
attached Exhibit D herein before described.
That Zone Change No.04-0871, as outlined above, is hereby recommended for
approval with mitigation measures/conditions of approval shown on Exhibit No. B.
......... 000 .........
2
of
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted, by the Council
03'Z · -Cjty~ DDpf Bakersfield at a regular meeting thereof held on
t~V
by the following vote:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER COUCH, CAR~ON, BEN~AM, MAG RD, HA N, SULLIVAN, SALVAGGIO
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
PAMELA A. McCARTHY, ~IC
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakemfield
APPROVED NOV 0;3 Z004
APPROVED as to form
VIRGINIA GENNARO
City Attomey
Exhibits:
A ZC Map
B Mitigation/Conditions
C Legal Description
S:\Dole\04~)871 \CC ZCO,doc
3
I,/_BO-D'O =iONYH:) ::INOZ
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EXHIBIT B
Cultural
1.
Traffic
1.
2.
MITIGATION/CONDITIONS
ZONE CHANGE 04-0871
Planning Department
If any human remains are discovered, all work shall stop until the Kern County
Coroner has been notified and has evaluated the remains. If any other
archaeological artifacts are discovered during site development, all work shall
stop until the find has been evaluated by a qualified archaeologist or historian.
If cultural resources are unearthed during ground disturbance activities, all work
shall halt in the area of the find. A qualified professional archaeologist shall be
called in to evaluate the findings and make the appropriate mitigation
recommendations.
With submittal of a tentative map application, site plan review or grading plan,
whichever occurs first, a cultural resources field survey shall be provided to the
Planning Director.
Construct roadway improvements along Allen Road and Kratzmeyer Road.
Pay the proportionate share for the local mitigation improvements shown on
Exhibit A 2.
Pay the standard per-lot rate for residential development under the Regional
Transpodation Impact Fee program.
Williamson Act
The applicant/property owner shall not develop any portion of the subject site until
such a time as the Williamson Act Cancellation Fees are paid and contract
cancelled for that portion of the subject site upon which development is proposed.
Until such a time as the Williamson Act Cancellation Fees approval is recorded,
development shall be limited to those land uses allowed by the Williamson Act
Contract.
Public Works
Prior to Approval of any development plan, tentative subdivision map, or
application for a lot line adjustment, the following shall occur:
a. Provide fully executed dedication for Olive Drive to Arterial Standards and
Allen Road to Collector Standards for the full frontages of the area within the
GPA request. Dedications shall include sufficient widths for expanded
intersections and additional areas for landscaping as directed by the City
Engineer. Submit a current title report with the dedication documents.
b. Submit a comprehensive drainage study to be reviewed and approved by the
City Engineer. No more than 1 sump may be utilized to serve this area; these
sumps should be located so that they may be available to serve adjacent areas
as they develop. If only one sump is utilized to serve this GPA/ZC area, it need
not be so located. The study shall be approved and any required retention site
and necessary easements dedicated to the City.
Access to the arterial and collector streets will be limited and determined at time
of division or development. Access from Kratzmeyer shall be no closer than 350
feet from the corner of Kratzmeyer and Allen. Access from Allen shall be per City
standards.
Determination of whether a right turn lane is required at the access street(s) will
also be made at the time of division or development. A full access opening will
only be considered if the developer funds and installs a traffic signal at the site
entrance. Said signal will only be permitted if a signal synchronization study is
submitted and approved, which shows progression is not adversely affected.
The entire area covered by this General Plan Amendment shall be included in
the Consolidated Maintenance District. The applicant shall pay all fees for
inclusion in the Consolidate Maintenance District with submittal of any
development plan, tentative subdivision map, Site Plan Review, or application for
a lot line adjustment for any portion of this GPA area.
TRAFFIC COMMENTS
Local Mitigation
Pay the proportionate share of the following mitigation measures (not paid for by the
Regional Transportation Impact Fee - RTIF nor included with normal development
improvements) as indicated in Table 7 of the traffic study. An estimate and fee schedule
shall be developed by the applicant and approved prior to recordation of a map or
issuance of a building permit.
Allen Road and 7th Standard Road - add north, south and east bound left turn
lanes, add east bound right turn lane, 8.42% share;
2. Allen Road and Snow Road - add south bound left turn lane, 5.05% share;
3. Old Farm Road and Olive Drive - add north bound left turn lane, 6.38% share;
Allen Road and Reina Road - add north, south east and west bound left turn
lanes, 10.19% share;
5. Allen Road and Noriega Road - add west bound right turn lane and south bound
left turn lane, 14.42% share;
5. Santa Fe Way and Hageman Road - add north bound left turn lane, 4.81%
share;
6 Allen Road and Hageman Road - add south bound right turn lane, 16.22%
share;
7. Allen Road and Meacham Road - add east bound right turn lane and north
bound left turn lane, 5.46% share.
Re,qional Transportation Impact Fee
1. Pay the standard residential fees, as adopted at time of development, for the
residential portions.
Fire Department
Prior to submittal of a tentative map on any portion of the eighty acre site
located along the northwest corner of Allen Road and Kratzmeyer Road, the
property owner or applicant at the time of such submittal shall reserve, after
consulting with the Bakersfield Fire Department, a two acre site for acquisition
and use as a fire station. The tentative map shall clearly show the reservation
area. The tentative map shall also show that residential lots within the reserved
area can be developed in the event the City of Bakersfield does not acquire the
two acres.
The reservation area shall be kept open and clear for a period of two years after
the City accepts improvements for the first adjacent phase of development or
until the Fire Department considers an alternate location, whichever comes first.
S:\Dole\04-0871 \Final ZC Mitigation.doc
EXHIBIT B (cont.)
MITIGATION
ZC 04-0871
Future Improvements and Local Mitigation
Local Mitigation Project %
Total Improvements (Improvements not Share for Local
# Intersection Required by 2024 covered by RTIF) MitiEation
Install Signal - I EBL, [n~tall Signal - I EBL, 3.32%
Allen Rd & I EBR, I WBL, I NBL EBR, I NBL, I SBL
I 7th Standard Rd (8.42%)
I SBL
Allen Rd & Install Signal - I WBR SBL 3.44%
2
;now Rd I SBL (5.05%)
Allen Rd & Install Signal - I EBL,
5 Olive Dr I WBL, I NBL, I SBL - -
Old Farm Rd & Install Signal - I NBL NBL 5.5%
6
Olive Dr I (6.38%)
7 Jcwetla Ave & Install Sign~ai - I NBL,
Olive Dr I SBL
8 Vcrdngo Ln & Install Signal/
Olive Dr , _~ ............
I Allen Rd & Install S~enal I F. BL,-II EBI., I WBIJ7 I NBL,]: 7.3%
Rcina Rd I WBL, I NBL, I SBI. II SBL , (10.19%)
I Allen Rd & Install Signal I \VBR. 1 WBR, I SBI. i 9.42%
2 Noricga Rd ] SBL [ (1442%)
--- - .....
ti3 Santa Fc Wy & install Signal - I [:.BL, NB[. _ . ~o
ltageman Rd 2 WBL, I NBL, I SBI_ [ (4.81%)
14 Allen Rd & Install Signal - I EBL, SBR ' 5.95%
Hageman Rd I SBR __ (16.22%)
5 Old Farm Rd &' Install S~gnal _
Hageman Rd
16 Jcwctta Ave & Install Signal - 2 NBL, _ _
Hageman Rd I SBL
Allen Rd & Install Signal - I EBR, EBR, I NBL 1.95%
17
Mcacham Rd I NrBL (5.46%)
(Ye) Caimans Percent Sha~c Calculation Mctho~
NB = North Bound
SB = South Bou~
WB = Wcsl Bound
EB = Ea~ Bound
L -- Lafl Turn Lane
T - Through Lane
R = Right Turn Lane
EXHIBIT C
LEGAL DESCRIPTION ZC 04-0871
JOHN R. WlLBRN,
CIVIL ENGINEER
INO.
LEGAL DESCRIPTION PORTION OF APN 529-011-06
ZONE CHANGE FROM A TO R-I
BEING ALL OF LOTS 13, 14, 15 & 16 AS SHOWN ON THE SALES MAP OF LANDS OF
KERN COUNTY LAND COMPANY, SECTION 11, TOWNSHIP 29 SOUTH, RANGE 26
EAST, M.D.M., COUNTY OF KERN, STATE OF CALIFORNIA.
ORIGINAL
EXHIBIT C
LEGAL DESCRIPTION
ZC 04-0871
JOHN R. WILSON, INC.
CIVIL ENGINEER
LEGAL DESCRIPTION PORTION OF APN 529-011-16 7 17
ZONE CHANGE FROM C-2 TO R-I
BEING ALL OF LOT 17, AND THE NORTHERLY 160.00 FEET OF LOT 32, AND THE
NORTHERLY 160.00 FEET OF THE EASTERLY 80.00 FEET OF LOT 31, AND THE
EASTERLY 80.00 FEET OF LOT 18, ALL AS SHOWN ON THE SALES MAP OF LANDS
OF KERN COUNTY LAND COMPANY, SECTION 11, TOWNSHIP 29 SOUTH, RANGE
26 EAST, M.D.M., COUNTY OF KERN, STATE OF CALIFORNIA.
66 I -32~-4862 FAX 661-325-5 I 26
~ NIA, L JItWFI C E:@AO L.C 0 M
JOHN .. WILSON ,8 LIC[NOED BY THE CALIFORNIA BOARD FOR
OI~IG NAL
EXHIBIT C
LEGAL DESCRIPTION ZC 04-0871
Grant Deed to High School
General Plan from GC, LMR & LR to PS
~ ~ ~ ~ LI~ OF ~O ~ 17 ~ 32 ~
1%00.00 ~;
~ p~a~.~.~, ~ ~ ~ ~ OF ~ID ~ 17,
~, A D2~ ~ 1400.00 ~ ~ ~ ~ ~
~ ~ ~ ~ L~, A D~ ~ 1929.26
~ ~~ ~ O~L ~, A ~
APJi: I~{~1~(~ O~ 462-021-08
ORIGINAL
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) SS,
County of Kern )
PAMELA A. McCARTHY, being duly sworn, deposes and says:
That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield;
and that on the 3rd day of November, 2004 she posted on the Bulletin Board at City
Hall, a full, true and correct copy of the following: Ordinance No. 4218, passed by the
Bakersfield City Council at a meeting held on the 3rd day of November, 2004 and
entitled:
AN ORDINANCE AMENDING TITLE SEVENTEEN OF
THE BAKERSFIELD MUNICIPAL CODE AND ZONING
MAP NO 101-11 BY CHANGING ZONING FROM A
(EXCLUSIVE AGRICULTURE) TO R-I (ONE-FAMILY
DWELLING) ON APPROXIMATELY 80 ACRES, FROM C-
2 (REGIONAL COMMERCIAL) TO R-1 (ONE-FAMILY
DWELLING) ON APPROXIMATELY 25 ACRES,
GENERALLY LOCATED ALONG THE WEST SIDE OF
ALLEN ROAD BETWEEN SNOW ROAD AND KNIGHT'S
BRIDGE PLACE. (FILE NO. ZC 04-0871)
/si PAMELA A. McCARTHY
City Clerk of the City of Bakersfield
· UTY ~ity Clerk
ORiGINAl"